Putnam v. Putnam

Citations

• 104 Kan. 47
• 177 P. 838
• 1919 Kan. LEXIS 180

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce and Alimony — Divorce Refused — Division of Property — Statute Constitutional. The provisions of section 7576 of the General Statutes of 1915 (Gen. Stat. 1868, ch. 80, § 643, as amended), which authorize the court in a divorce case, for good cause shown, to make a proper and equitable division of the property acquired through the joint efforts of a husband and wife, although the divorce itself is denied, are constitutional and valid; and in the making of such equitable division, it is not of necessarily controlling significance that such property, when acquired, was taken and held in the name of the husband.</p> <p>2. Same — Where the marital relations of a husband and wife are so discordant and unhappy as to give apparent justification for an action for divorce, the trial court has judicial power in such action to make an equitable division of the property acquired by them during their marriage, although neither party has so grossly offended the marriage obligations as to require the court to grant an absolute divorce.</p> <p>3. Same — Statute Construed. Article 28 of chapter 93 of the General Statutes of 1915 (Civ. Code, § 663 et seq.), relating to divorce and alimony, covers germane and pertinent matters which may be properly determined in a divorce action, although the divorce itself is denied.</p> <p>4. Same — Evidence Supports Judgment. Record examined, and the evidence held sufficient to support the judgment.</p> <p>5. Same — Property Equitably Divided. The division of property examined, and no injustice discerned therein; and the rule followed that, where no manifest.injustice appears, the division of property decreed by the trial court cannot be disturbed.</p> <p>6. Same — When Findings and Judgment are Conclusive. Rule followed that where there is ample evidence to support the findings and judgment, the evidence to the contrary has little significance in an appellate court.</p> <p>7. Same — Award of Money to Wife